PART 6
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THE DICTIONARY
History
Part 6 heading inserted by SR No 172 of 2002.
Division 974
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Debt and equity interests
History
Div 974 inserted by SR No 303 of 2004, reg 3 and Sch 1 item 1, effective 7 September 2004. SR No 303, reg 4, contained the following application provision:
Application of amendment
4
The amendment does not apply to the extent that, in the period commencing on 4 March 2003 and ending immediately before 7 September 2004:
(a)
the rights of a person (other than the Commonwealth or an authority of the Commonwealth) as at 7 September 2004 would be affected so as to disadvantage that person; or
(b)
liabilities would be imposed on a person (other than the Commonwealth or an authority of the Commonwealth) in respect of anything done or omitted to be done before 7 September 2004.
Subdivision 974-F
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Related concepts
History
Subdiv 974-F inserted by SR No 303 of 2004.
REGULATION 974-135C
974-135C
REDEEMABLE PREFERENCE SHARES
For paragraph
974-135(8)(a)
of the Act, an obligation to redeem or buy back a preference share in relation to a company is not a contingent obligation merely because a requirement exists, under a law, to the effect that:
(a)
the redemption or buy back must not prejudice the company's ability to pay its creditors; or
(b)
the redemption or buy back must not cause the company's remaining assets to become insufficient to pay any of the company's debts for which provision for payment has not otherwise been made.
History
Reg 974-135C renumbered from reg 974A-135C by SLI No 102 of 2005.
Reg 974A-135C inserted by SLI No 102 of 2005. For application provision see note under Div 974A heading.